Ala. Admin. Code r. 335-3-6-.36

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-3-6-.36 - Compliance Schedules

(1)Process and Emission Control Equipment Installations.

(a) Except as provided under paragraphs (4) or (5) of this Rule, the owner or operator of a VOC emission source proposing to install and operate VOC emission control equipment and/or replacement process equipment to comply with this Chapter shall adhere to the increments of progress contained in the following schedule:

1. Final plans for the emission control system and/or process equipment shall be submitted within three (3) months of Jefferson County Board of Health promulgation.

2. Contracts for the emission control system and/or process equipment shall be awarded or orders must be issued for purchase of component parts to accomplish emission control within six (6) months of Jefferson County Board of Health promulgation.

3. Initiation of on-site construction or installation of the emission control and/or process equipment shall begin within nine (9) months of Jefferson County Board of Health promulgation.

4. On-site construction or installation of the emission control and/or process equipment shall be completed within fifteen (15) months of Jefferson County Board of Health promulgation.

5. Final compliance shall be achieved within sixteen (16) months of Jefferson County Board of Health promulgation.

(b) Any owner or operator of an emission source subject to the compliance schedule of this Rule shall certify to the Director within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.

(2)Low Solvent Content Coating.

(a) Except as provided under paragraphs (4) or (5) of this Rule or under subparagraph (b) of this paragraph, the owner or operator of a VOC emission source proposing to employ low solvent content coating technology to comply with this Chapter shall adhere to the increments of progress contained in the following schedules:

1. Final plans for the application of low solvent content coating technology shall be submitted within three (3) months of Jefferson County Board of Health promulgation.

2. Research and development of low solvent content coating shall be completed within six (6) months of Jefferson County Board of Health promulgation.

3. Evaluation of product quality and commercial acceptance shall be completed within one (1) year of Jefferson County Board of Health promulgation. A determination of product unacceptability will trigger orders for add-on control equipment.

4. Purchase orders shall be issued for low solvent coatings and process modifications within fifteen (15) months of Jefferson County Board of Health promulgation. Purchase orders for add-on controls necessitated under subparagraph (a)3. of this paragraph shall be issued within twelve (12) months of Jefferson County Board of Health promulgation.

5. Initiation of process modification for low solvent coating application shall begin within seventeen (17) months of Jefferson County Board of Health promulgation. Initiation of construction or installation of add-on controls necessitated under subparagraph (a)3. of this paragraph shall begin within fifteen (15) months of Jefferson County Board of Health promulgation.

6. Process modifications for low solvent coating application shall be completed and use of low solvent coatings shall begin within twenty-two (22) months of Jefferson County Board of Health promulgation. On-site construction or installation of add-on controls necessitated under subparagraph (a)3. of this paragraph shall be completed within twenty-two (22) months of Jefferson County Board of Health promulgation.

7. Final compliance shall be achieved within two (2) years of Jefferson County Board of Health promulgation. In no case, shall final compliance be allowed beyond December 31, 1987.

(b) Where the Director determines that low solvent content coating technology has been sufficiently researched and developed for a particular application, the owner or operator of a VOC emission source proposing to comply with this Chapter through application of low solvent content coatings shall adhere to the increments of progress contained in the following schedule:

1. Final plans for the application of low solvent content coating technology shall be submitted within three (3) months of Jefferson County Board of Health promulgation;

2. evaluation of product quality and commercial acceptance shall be completed within six (6) months of Jefferson County Board of Health promulgation;

3. purchase orders shall be issued for low solvent content coatings and process modifications within nine (9) months of Jefferson County Board of Health promulgation;

4. initiation of process modifications shall begin within eleven (11) months of Jefferson County Board of Health promulgation;

5. process modifications shall be completed and use of low solvent content coatings shall begin within fifteen (15) months of Jefferson County Board of Health promulgation; and

6. final compliance shall be achieved within sixteen (16) months of Jefferson County Board of Health promulgation.

(c) Any owner or operator of a stationary source subject to the compliance schedule of this Rule shall certify to the Director within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.

(3)Equipment Modification.

(a) Except as provided under paragraphs (4) or (5) of this Rule, the operator or owner of a VOC emission source proposing to comply with this Chapter by modification of existing processing equipment shall adhere to the increments of progress contained in the following schedule:

1. final plans for process modification shall be submitted within three (3) months of Jefferson County Board of Health promulgation;

2. contracts for process modifications shall be awarded or orders shall be issued for the purchase of component parts to accomplish process modifications within five (5) months of Jefferson County Board of Health promulgation;

3. initiation of on-site construction or installation of process modifications shall begin within seven (7) months of Jefferson County Board of Health promulgation;

4. on-site construction or installation of process modifications shall be completed within ten (10) months of Jefferson County Board of Health promulgation; and

5. final compliance shall be achieved within eleven (11) months of Jefferson County Board of Health promulgation.

(4)Alternative Compliance Schedules.

(a) Nothing in this Rule shall prevent the Director from approving a separate schedule for any source, if he finds that the application of a compliance schedule in paragraphs (1) through (3) of this Rule would be infeasible or impracticable.

(b) Nothing in this Rule shall prevent the owner or operator of a VOC source from submitting to the Director a proposed alternative compliance schedule provided:

1. the proposed alternative compliance schedule is submitted within three (3) months of Jefferson County Board of Health promulgation;

2. the final control plans for achieving compliance with this Chapter are submitted simultaneously;

3. the alternative compliance schedule contains the same increments of progress as the schedule for which it is proposed; and

4. sufficient documentation and certification from appropriate suppliers, contractors, manufacturers, or fabricators are submitted by the owner or operator of the VOC source to justify the dates proposed for the increments of progress.

(c) All alternative compliance schedules proposed or promulgated under this Rule shall provide for compliance of the VOC emission source with this Chapter as expeditiously as practicable, but not later than three years beyond promulgation by the Jefferson County Board of Health.

(d) Any compliance schedule approved under this Rule may be revoked at any time if the source does not meet the increments of progress stipulated.

(e) Any owner or operator of an emission source subject to the compliance schedule of this Rule shall certify to the Director within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.

(5)Exception. Paragraphs(1) through (4) of this Rule shall not apply to sources which are in compliance with this Chapter prior to the date of Jefferson County Board of Health promulgation of this Chapter and have determined and certified compliance to the satisfaction of the Director within three (3) months of Jefferson County Board of Health promulgation.

(6)Coke By-Product Recovery Plant Equipment Leaks.

(a) owners or operators of coke by-product recovery plants shall adhere to the following increments of progress contained in the following schedule:

1. final plans for the initial leak check and inspection program required by Rule 335-3-6-.47(3) shall be submitted within one (1) month of Jefferson County Board of Health promulgation; and

2. initiation of the leak check and inspection program required by Rule 335-3-6-.47(3) shall begin within three (3) months of Jefferson County Board of Health promulgation.

(b) Any owner or operator of a coke by-product recovery plant subject to the compliance schedule of this Rule shall certify to the Director within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.

Author:

Ala. Admin. Code r. 335-3-6-.36

Effective Date: June 9, 1987. Amended: Effective Date: July 31, 1991. Amended: Filed October 17, 1996; effective November 21, 1996.

Statutory Authority:Code of Ala. 1975, §§ 22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.